Dissertations for Construction Law in Dispute Resolution (CLDR)

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Browsing Dissertations for Construction Law in Dispute Resolution (CLDR) by Subject "alternative dispute resolution"

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    HOW TO PROMOTE MEDIATION OF CONSTRUCTION DISPUTES IN THE UAE
    (The British University in Dubai (BUiD), 2020-09) Yumna, Saem Aldaher
    The unique nature of each construction project makes it difficult to contain the dispute through one or two methods, that’s is due to different contributing factors such as time, cost, quality contract conditions, and the contractual risks associated with each contract and combined in a unique formula that differentiate the projects one from another. Therefore, it is not logical to believe that the root cause of construction disputes could be easily contained using a certain set of contracting principles or wording. Furthermore, the fact that the parties involved in the execution of construction contracts who are coming from different cultural background, personalities and a set of expectations also contribute to increasing the possibility of disputes and conflict in the construction industry. Even though when dispute avoidance techniques are utilized, in many circumstances disputes are inevitable, and thus there is a call to more effective dispute resolution methods that can be tailored to fit each projects need. In the last twenty years, development has been made to dispute resolution methods to come up with a set of recognized alternatives apart from litigation, and it is made available now to the contracting parties. Mediation is one of the most recognized alternative dispute resolution methods, which has developed significantly and been adopted by many countries with mature economics, such as Malaysia and the UK, etc. However, in the UAE, the process is not yet adopted as a method of alternative dispute resolution as the UAE experienced employers and contractors consider only arbitration and litigation to resolve disputes. This dissertation aims to investigate the various means to resolve disputes in the UAE construction industry in a way that helps to reach a win-win situation for all parties and eliminates the drawbacks of all other methods including speedy, lower cost, flexibility and non-adversarial that through which it retains a good business relationship between contractual parties. Therefore, as an answer to all these requirements, mediation does not only come to satisfy this need, but also to prevent disputes from further escalation and to reach a middle ground for all parties without the need to proceed to a lawsuits. However, despite this, the implementation of mediation does include some obstacles that require a combination of measures and precautions to ensure they are overcome which will be addressed later in this dissertation.
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    Mediation as an Alternative Dispute Resolution Mechanism in the UAE Construction Industry
    (The British University in Dubai (BUiD), 2013-11) Alhadhrami, Mohamed Abdulla Bamakhrama
    This dissertation investigates whether mediation is a proper dispute resolution mechanism for the UAE construction Industry or not. Mediation as an alternative dispute resolution is a form of settlement process that is flexible, fast and the parties in disputes are not at risk of being bound by an unfavourable outcome by a third party's decision. Mediation has been critically evaluated against the UAE culture and legal system and its possibility of accommodating mediation as a system of alternative dispute resolution. Also, it has been assessed on the possibility of using mediation as means of alternative dispute resolution mechanism in the construction industry of the UAE with a comparative analysis with other alternative disputes resolution methods. Furthermore, mediation has been evaluated for a proposition of a model for the implementation of mediation methods in the construction industry of the UAE. The approach of the research used in this dissertation was deductive research. It has been conducted to provide a deduction of how well mediation can be used in lieu of litigation and other options that exists in dispute resolution. The research was conducted through a survey and interview. Data collected included data from a sample of two authorities in the field of construction in the UAE. In addition, a data was collected from a survey that has been conducted from 20 people in the field of construction in the UAE. The conclusion showed that Speed, affordability and flexibility are important aspects of dispute resolutions in the construction industry. This makes litigation an inappropriate method to dealing with construction disputes and the approach of using mediation is a much more acceptable method for dealing with in the construction sector and the construction industry. Mediations and the mediation industry of the UAE is one that has potential and that the government should make arrangement to promote mediation in the construction industry. The main arrangements are to integrate international and local standards into mediation, the UAE's judiciary system must accept and recognize mediation, develop and train local mediators, putting a framework of ethics and standards in place for the mediators to follow, creating a regulatory authority to supervise the activities of the mediators and setting up a committee to examine and evaluate the activities of the mediations in the country's construction industry.